我国文物立法存在的问题及反思

我国当前的文物立法存在着文物保护相关法律的执行效果较差、守法自觉性有待提高、立法过程中部门权力的博弈客观上降低了立法效率并影响法律内容的有效表达、文物保护法律体系的统一性不高、救济措施难以达到预期的社会效益以及立法过程中公众参与机制尚未形成等诸多问题,已经不能很好地满足公众对文化生活的需求,其有待改进和完善.

Review of China's Cultural Relics Protection Legislation

There are many problems existing in China's cultural relics protection legislation as follows, such as: the law cannot be enforced efficiently, the consciousness of law-abiding remains to be improved and the efficiency of legislation has been reduced just because of the wrangle among different powers. All of these problems affected the clear expression to the content of law, reduced the unity of the legal system in cultural relics protection which induce the relief measures that cannot protect the social benefit as well as the mechanism of public participation cannot be formed. That is to say, the legislation on cultural relics protection should be improved to meet the need of the public in cultural life.